India’s process of democratic decentralisation has led to the creation of formal institutions at local level. It is often assumed that these have either filled a vacuum or displaced existing informal institutions. Yet, as demonstrated by this working paper from the Madras Institute of Development Studies, customary bodies continue to operate at village level and exert considerable influence on the new formal institutions.
Constitutional amendments in 1992 established elected local governance institutions (Panchayats) at various levels in rural India. The goal of these bodies is to strengthen democracy. That includes the use of positive discrimination to increase representation of women and members of certain castes and tribes. However, even at the lowest tier, these formal Panchayats have not replaced traditional local institutions generically termed ‘Customary Panchayats’ (CPs), which act as dispute resolution bodies and still play an important role in local governance. Analysis of the interface between the formal and informal Panchayats in 30 villages from three districts in Karnataka suggests that customary bodies have adapted to exert influence on the formal structures that cover groups of villages: ‘Grama Panchayats’ (GPs). The paper highlights the positive and negative effects of that influence and identifies areas for further research.
Customary Panchayats are an extension of the caste system and thus reflect the biases of rural society – for example, they are male dominated. Although Grama Panchayats are elected bodies recognised by the state, the Customary Panchayats interact with them in the following ways:
- They influence the composition of GPs by playing a role in selecting candidates for GP elections, and sometimes ensure uncontested elections by persuading others to withdraw.
- They have neutralised the threat of women representatives by obstructing their efforts to be elected for more than one term. This has limited women’s political skills and participation.
- Customary Panchayat members also contest GP elections themselves or support relatives as candidates, resulting in an overlap of leadership.
- CPs influence the implementation of development programmes. This is positive if they secure extra funds and benefits for the village, but can be negative if decisions favour local elites.
- CPs play a key role in selecting beneficiaries for anti-poverty projects.
- In addition, CPs are active in mobilising informal resources for festivities connected with local temples and increasingly for development projects.
There is a need for further research to explore the influence of customary institutions on formal institutions and local governance. Research should concentrate on ways to neutralise the negative impact of Customary Panchayats and improve the impact of interventions on the poor. Other recommendations are to:
- Increase political awareness, which is crucial to prevent the exploitation of formal institutions by dominant elites.
- Devise intervention strategies to help women overcome interference from CPs trying to block their re-election.
- Conduct further study on initiatives to support women’s participation, such as better integration between local women’s networks and GP members.
- Carry out more research on the extent to which political parties and affiliations influence the choice of candidates by CPs.
- Design legal frameworks to bring customary institutions more in line with democratic practice, in exchange for a formal role in local governance.
